Appeal Against Revocation or Suspension of Sponsor Licence
- Details
- Written by: Wembley Solicitors
If a sponsor licence is revoked, the affected sponsor has the right to appeal the decision or request a review. It's essential to act promptly and follow the correct procedures and deadlines in such situations.
The appeal process can be complex, and the success of your appeal will depend on the strength of your arguments and evidence. Seeking professional legal advice is essential to navigate the process effectively.
If your sponsor licence has been revoked and you want to appeal against the decision, contact our immigration solicitors at 0203 417 370 for legal assistance.
Page Contents
- What is the difference between the suspension and revocation of a sponsor licence?
- How to appeal if the Home Office revoked or suspended your sponsor licence?
- Need Legal Advice & Assistance?
What is the difference between the suspension and revocation of a sponsor licence?
The suspension and revocation of a sponsor licence are two distinct actions taken by the UK Home Office in response to non-compliance or breaches of sponsor licence requirements. Each action has different implications and consequences for the sponsoring organisation. Here's the difference between the two:
Suspension of Sponsor Licence
Suspension is a temporary measure taken by the Home Office when there are concerns or suspicions of non-compliance with sponsor licence duties or immigration rules. During the suspension period, the sponsor's licence is effectively put on hold, and they are not allowed to issue any new Certificates of Sponsorship (CoS) to sponsor new migrant workers. However, existing sponsored employees are generally not affected and can continue working under their current visas.
The Home Office may conduct further investigations during the suspension period to assess the sponsor's compliance and identify any potential issues. If the Home Office finds that the sponsor has rectified the problems and is back in compliance with the requirements, they may lift the suspension, and the sponsor can resume their sponsorship activities.
Revocation of Sponsor Licence
Revocation is a more severe action, and it permanently cancels the sponsor's licence. This happens when the Home Office determines that the sponsor has consistently or seriously breached their sponsor licence duties or immigration rules. Revocation means the sponsor loses the ability to issue CoS altogether, and they can no longer sponsor any new migrant workers under the Skilled Worker or other relevant work visa categories.
In the case of licence revocation, existing sponsored employees may be given a limited period to find a new sponsor or apply for a different visa type to remain in the UK legally. If they fail to do so within the specified timeframe, they may become unlawfully present in the UK, potentially facing detention and removal.
How to appeal if the Home Office revoked or suspended your sponsor licence?
If your sponsor licence has been revoked or suspended by the UK Home Office, you may have the right to appeal the decision. The appeal process and deadlines can vary based on the circumstances and the type of licence suspension or revocation.
Here are some general steps to consider when appealing against the revocation or suspension of your sponsor licence:
- Review the Decision Letter
- Seek Legal Advice
- Gather Evidence
- Submit an Appeal or Review Request
- Provide Detailed Grounds
- Cooperate with the Home Office
- Attend Hearings
- Stay Compliant
- Be Patient
Review the Decision Letter
Carefully read the Home Office's decision letter that notifies you about the suspension or revocation of your sponsor licence. The letter should provide the reasons for the decision, and it may also include information on your right to appeal.
Seek Legal Advice
Consult with a qualified immigration solicitor experienced in sponsor licence matters. They can help assess your case, advise on the best course of action, and guide you through the appeal process.
Gather Evidence
Collect all relevant documentation and evidence to support your appeal. This may include records of compliance, employee information, communication with the Home Office, and any other relevant materials that can help demonstrate your compliance with sponsor licence requirements.
Submit an Appeal or Review Request
Depending on the circumstances, you may need to either submit an appeal or request an administrative review. The decision letter should specify which option is available to you. Ensure you submit the appeal or review request within the given time frame, as missing the deadline may affect your ability to challenge the decision.
Provide Detailed Grounds
In your appeal or review request, clearly outline the grounds on which you are challenging the decision. Address each point of concern raised by the Home Office and present your evidence to counter the allegations.
Cooperate with the Home Office
During the appeal process, cooperate fully with the Home Office and provide any additional information they request. Be responsive to their enquiries and maintain open communication.
Attend Hearings
If your appeal involves an oral hearing, be prepared to present your case in person. If need legal representation, we can assist you in presenting your arguments effectively.
Stay Compliant
Even during the appeal process, continue to comply with all sponsor licence requirements. This can demonstrate your commitment to following the rules and can strengthen your case.
Be Patient
The appeal process may take time, so be prepared for some waiting. Stay informed about the progress of your appeal and any updates from the Home Office.
Immigration laws and procedures may change, so it's important to consult with a qualified immigration solicitor for the latest guidance on appealing against sponsor licence suspension or revocation.
For expert legal advice and immediate assistance with the revocation or suspension of your sponsor licence, contact our immigration solicitors at 0203 417 370.
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Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.